November 19, 2010

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The Log Cabin Republicans are asking a federal appeals court to expedite its hearing into the constitutionality of the military's "don't ask, don't tell" policy and the validity of a worldwide injunction that a federal judge imposed on the policy at the gay GOP group's request.

In a filing Friday afternoon, Log Cabin asked the U.S. Court of Appeals for the 9th Circuit to hear arguments in the case in April of next year. Because of backlogs in that circuit, under normal circumstances, it's likely that arguments would not occur until about a year later than that.

The proposed schedule would not have a significant impact on the timing that had been set for briefs in the case. However, that schedule could have been pushed back somewhat by a cross-appeal Log Cabin filed Thursday to preserve some of its arguments in the case.

"Log Cabin’s challenge to don’t ask, don’t tell addresses one of the most important civil rights issues of this generation," Log Cabin attorney Dan Woods wrote in the new request.

Log Cabin said one reason to speed up the appeal is that, since the government won a stay of the injunction, the military can resume "don't ask" discharges at any time.

While the appeal is pending, "the government will remain free to deprive Americans, who fight to defend our freedoms, of the liberties that our Constitution grants them," Woods wrote. He said the Justice Department had indicated a willingness to have the appeal expedited.

"Don't ask" opponents are hoping to pass legislation through Congress next month that would allow the policy to be repealed next year if certain conditions are met.